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Equity in Pretrial Health Coverage Act

S. 3050 · 117th Congress · Oct 21, 2021 · Lineage

A BILL

To remove limitations under Medicaid, Medicare, CHIP, and the Department of Veterans Affairs on benefits for persons in custody pending disposition of charges.

Section 1 Short title

This Act may be cited as the “Equity in Pretrial Health Coverage Act”.

Sec. 2 Removal of inmate limitation on benefits under Medicaid, Medicare, CHIP, and the Department of Veterans Affairs

(a)
Medicaid— The subdivision (A) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) that follows paragraph (31) is amended by inserting “or in custody pending disposition of charges” after “patient in a medical institution”.
(b)
Medicare— Section 1862(a)(3) of the Social Security Act (42 U.S.C. 1395y(a)(3)) is amended by inserting “in the case of services furnished to individuals who are in custody pending disposition of charges,” after “1880(e),”.
(c)
CHIP— Section 2110(b)(2)(A) of the Social Security Act (42 U.S.C. 1397jj(b)(2)(A)) is amended by inserting “(except as an individual in custody pending disposition of charges)” after “inmate of a public institution”.
(d)
Modification of inmate limitation on health care benefits from Department of Veterans Affairs— The Secretary of Veterans Affairs shall modify section 17.38(c)(5) of title 38, Code of Federal Regulations, or successor regulations, to ensure that the exclusion of veterans who are inmates from eligibility for health care from the Department of Veterans Affairs under such section does not apply to veterans who are in custody pending disposition of charges.
(e)
Effective dates—
(1)
In general— The amendments made by subsections (a), (b), and (c) shall take effect on the 1st day of the 1st calendar quarter that begins more than 60 days after the date of enactment of this Act and shall apply to items and services furnished for periods beginning on or after such date.
(2)
Department of Veterans Affairs— Subsection (d) shall take effect on the date of enactment of this Act.